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High Court of Himachal Pradesh · body

2025 DAILYLAW 25475 (HP)

ANJALI GAUR AND ORS v. STATE OF HP AND ANR

CWP/15478/2024 · 2025-01-08

Jyotsna Rewal Dua

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 15478/2024 Decided on: 08.01.2025 Anjali Gaur & Ors. …Petitioners Versus State of H.P. & Anr. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Virbahadur Verma, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua , J Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. The writ petition has been filed for the grant of following substantive reliefs:- “ (i) Issue a writ of mandamus directing the respondents to grant due and admissible benefit of Earned Leave with all monetary benefits from the date of initial appointment. (ii) Issue a writ of mandamus directing the respondents to pay the consequential arrears alongwith interest @9% per annum from due date to till the date of realization.” 3. According to the petitioners, the legal issue involved in the case has already been adjudicated upon. The grievance of the 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 petitioners is that their representation dated 04.10.2024 (Annexure P- 3) has still not been decided by the respondents/competent authority. 4. Once the legal principle involved in the adjudication of present petition has already been decided, it is expected from the welfare State to consider and decide the representation of the aggrieved employee within a reasonable time and not to sit over the same indefinitely compelling the employee to come to the Court for redresssal of his grievances. This is also the purport and object of the Litigation Policy of the State. Not taking decision on the representation for months together would not only give rise to unnecessary multiplication of the litigation but would also bring in otherwise avoidable increase to the Court docket on unproductive government induced litigation. 5. In view of above, the instant petition is disposed of by directing respondents/competent authority to consider and decide the aforesaid representation of the petitioners, in accordance with law within a period of six weeks from today. The order so passed be also communicated to the petitioners. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 08th January 2025(rohit)